notes when the Government for the time being, and he is hereby required er to call in old when and so soon as the said Commissioners shall have pro- new are preparcured the requisite blank forms or notes, agreeably to such ed for issue. improved designs, to authorize and direct the Treasurer of this Island to call in all treasury notes then afloat or in circulation, which have from time to time been issued from the treasury of this Island, under and by virtue of the several Acts or laws of this Colony, authorizing the issue of treasury notes. missioners in notes. III. And be it enacted, That from and after the time when Duty of Treasuch call shall be so made, the said Treasurer and Commis- surer and comsioners shall meet upon the first Friday in each and every exchanging month, for the purpose of exchanging such old notes as shall have been paid into or deposited in the hands of the Treasurer, pursuant to the said call for new notes, which new notes shall be signed by the said Commissioners, and shall all bear the same date; and each class or description of notes shall be numbered by the Commissioners, from number one (1) upwards consecutively, and for every old note delivered by the Treasurer to the said Commissioners, the Commissioners shall in exchange deliver a new note of the same value and description, excepting as to the number and date of the old note; and the said Treasurer, upon the delivery of such new notes Treasurer to to him, shall countersign the same, and shall be accountable for such notes so delivered to him. countersign new notes. Commissioners IV. And be it enacted, That the said Commissioners shall, and they are hereby required, from time to time as such old to destroy old notes shall be delivered into their hands by the Treasurer, in notes exchanexchange for new notes, after having taken a correct and true ged. account of the value and description of such old notes, immediately thereupon, and in presence of the said Treasurer, to destroy or cancel the whole of such old notes so delivered to them. week for pur pose of ex changing notes. V. And be it enacted, That from and after the time of Treasurer to such call, until the whole amount of treasury notes now in attend two circulation shall be paid in, the said Treasurer shall attend days in each two days in each and every week, that is to say, on Monday and Thursday, during office hours, for the especial purpose of receiving or taking delivery of all such treasury notes as shall be deposited with him, pursuant to the said call, and of the value and description of which said notes the said Treasurer shall take a correct and true account, and in case he shall not be prepared, upon presentment thereof to him, to deliver in exchange an equal amount of the same class or description of notes, to be issued by virtue of this Act, and the holder shall then choose to deposit the same with him, then, and in such case, the said Treasurer shall give a receipt to the person or persons so presenting and depositing the old notes; and upon Duty of Trea surer on receipt of such old notes. New notes to subject to enactments contained in several treasury note Acts recited. 5 G. 4, c. 18. 6 G. 4, 6. 12. production of the said receipt, the said Treasurer shall afterwards, and as soon as he conveniently may, agreeably to the terms of this Act, deliver to the holder thereof an equal amount in notes, to be issued by virtue of this Act, and of the same class and description as the notes so deposited; and until such new notes shall be so delivered, the said receipt shall be a good and sufficient voucher in the hands of the holder, for the amount thereof against the Government. VI. And be it enacted, That the treasury notes which shall be issued to be be reissued under the authority of this Act, shall each and all be subject to the several enactments and provisions contained in an Act, made and passed in the fifth year of the reign of His late Majesty King George the Fourth, intituled “An Act to empower His Excellency the Lieutenant Governor or Commander-in-chief for the time being, to appoint Commissioners to issue treasury notes," and an Act made and passed in the sixth year of the reign of His said late Majesty, intituled "An Act to authorize the Commissioners, named and appointed under an Act made and passed in the fifth year of the reign of His present Majesty, intituled 'An Act to empower His Excellency the Lieutenant Governor, or Commander-in-chief for the time being, to appoint Commissioners to issue treasury notes, to issue notes of the value of ten shillings each," and the fourth section of an Act made and passed in the first year of the reign of His late Majesty King William the Fourth, intituled "Act Act to authorize a further issue of treasury notes," and an Act made and passed in the fifth year of the reign of His said late Majesty King William the Fourth, intituled "An Act to amend and render perpetual certain laws now in force relating to treasury notes." 1 W. 4, c. 15. 5 W. 4, c. 11. 5 G. 4, c. 18. Confirms pre vious appoint ments, and au thorizes future appointments and filling up vacancies. VII. And whereas no Act of the General Asembly of this Island heretofore passed, authorizing the issue, or relating to the issue of treasury notes, contains any provision touching the mode of filling up vacancies, upon the death, resignation or other removal of any Commissioner or Commissioners appointed under and by virtue of an Act made and passed in the fifth year of the reign of His late Majesty King George the Fourth, intituled "An Act to empower His Excellency the Lieutenant Governor, or Commander-in-chief for the time being, to appoint Commissioners to issue treasury notes;" it is therefore necessary and expedient to confirm all such appointments as have since been made, and to make provision for such appointments in future: Be it therefore enacted, That the several appointments which have from time to time been made by the Executive Government of this Island, in the room or stead of the several Commissioners appointed under and by virtue of the said recited Act, upon the death, resignation, absence or other removal of them or any of them, or in the room or stead of any person or persons who may have been appointed in the room or stead of his, their, or any of their successor or successors in office, upon his or their death, resignation, absence or other removal, shall be deemed and held, and they are hereby severally and respectively declared to be good and valid in law, and in all respects as sufficient and effectual as if such appointment or appointments had been respectively made, in conformity with any law or statute of this Island for that purpose expressly enacted and provided; and that in case of the death, resignation, absence from the Island, or other removal of any one or more of the persons now holding such appointments as Commissioners aforesaid, the Administrator of the Government, for the time being shall hereafter have power to appoint another Commissioner or Commissioners in his or their room and stead. Certain incorrect recitals in will. 4, c. 15, explained and Act of the 1st VIII. And whereas the references to or recitals of the Acts contained in the second section of an Act made and passed in the first year of the reign of his late Majesty King William the Fourth, intituled "An Act to authorize a further issue of Treasury notes," are incorrectly stated or set out: Be it there- amended. fore enacted and declared, that the word "sixth" in the fifth line of the said second section of the said recited Act, as published by Her Majesty's printer in the volume of the Laws of this Island, printed at Charlottetown in the year 1834, and also the word "sixth" in the thirteenth line of the said section of the said Act as so published, shall in the reading and construction of the said clause be severally omitted, and instead and in lieu thereof, the word "fifth" shall in each of those places be inserted and used, and also that the words "same year," in the tenth line of the said section as so published, shall in the reading and construction of the said clause, be omitted, and instead and in lieu thereof, the words "sixth year of the reign of his said late Majesty" shall be inserted and used, and the said clause shall, in all cases, and for all purposes whatsoever, be held, construed, used and taken as if the word "sixth," in the several lines or places above mentioned, and the said words "same year" in the said line or place above mentioned had never been therein inserted or contained, but that the said word "fifth" in lieu of the said word "sixth" and the said words "sixth year of the reign of his said late late Majesty" in lieu of the said words "same year," had respectively always from the time of the passing of the said recited Act, of the first year of the reign of his said late Majesty King William the Fourth, been therein inserted and contained, any thing in the said second section of the said recited Act to the contrary thereof notwithstanding. IX. And be it enacted, That the Commissioners for the issuing of Treasury Notes for the time being, who shall direct Remuneration ers for issue of new notes. the engraving and superintend the reissuing of the notes, by to Commission- virtue of this Act, shall be paid at and after the rate of one quarter per centum each, as a remuneration for their trouble in directing such engraving and superintending such reissue of Treasury Notes, in manner required by this Act. 4 W. 4, c. 15. CAP. XIII. See note to Act An Act to extend the provisions of the Act relating to the establishment of township boundary lines. WHEREAS by the Act made and passed in the fourth year of the reign of his late Majesty King William the Fourth, intituled "An Act for ascertaining and establishing the boundary lines of Counties and Townships, and parts of townships, and for regulating the duty of surveyors, and to repeal a certain Act therein mentioned," provision is made by the ninth section thereof for the recovery, by action at law, of such rent or purchase money, as may have been received for land by any proprietor, who, by the establishment of any township line, may be found not to have been entitled to the same, but it frequently happens that the proprietor, his heirs, executors or administrators, being so liable, are resident out of the limits of this Island, by reason whereof delay and great difficulties arise in taking proceedings at law under the said section; for remedy whereof: Be it enacted, by the Lieutenant Governor, Council and Assembly, That in all actions at law, or suits in equity, which may hereafter be had or instituted by virtue of the said recited Act, it shall be lawful for the plaintiff or complainant, in all cases where personal service of process is required, to cause the same to be served on any agent of absent party. or attorney in this Colony, who at the time of such service shall be authorized by power or letter of attorney, in writing, to bring or defend any action or suit at law, or in equity, of or concerning the township or land, from or out of or concerning which the cause of action of any such first mentioned plaintiff or complainant, shall have arisen. In cases where personal ser vice of process, &c., is necessa ry, such service may be made on agent, &c. Requisites of vice of such process, &c. II. And be it enacted, That every affidavit, to be made of affidavit of ser- the service of any such process as aforesaid, shall contain shortly, the fact of the existence and general tenor of such power or letter of attorney, and the name or names of the person or persons therein or thereby authorized; and if such document be not registered, the party in possession thereof shall be liable to produce the same for inspection, before action or suit commenced, upon an order for that purpose made by any Judge or Chancellor, having jurisdiction in any such intended action or suit; and upon such affidavit being duly Mode of compelling agent &c. to produce power, &c. under which he acts. made and filed, or upon appearance being otherwise entered by the usual course of practice of the Court, such service shall be deemed good and effectual; unless upon cause shewn in due time, before any Judge or Chancellor, such affidavit shall not appear to be in accordance with the intent and meaning of this Act, and that such service shall thereupon be set aside by such Judge or Chancellor for irregularity. against absent III. And be it enacted, That this Act shall not be deemed Not to prevent or construed to prevent any person having a right of action persons from by virtue of the aforesaid recited Act, from proceeding therein proceeding against any absent defendant or defendants in manner pre- parties under scribed by the laws of this Island, for proceeding against absent debtor absent or absconding debtors. Acts. clause. IV. And be it enacted, That nothing herein contained shall Suspending have any force or effect until Her Majesty's pleasure therein shall be known. This Act received the royal allowance on the 30th day of October, 1847, and notification thereof was published in the Royal Gazette newspaper of this Island, on the 23d day of November, 1847. CAP. XIV. Continued by 12 Vic. c. 1. An Act to alter and amend an Act made and passed in the 6 Vic. c. 21. sixth year of the reign of her present Majesty, intituled "An Act to alter and amend an Act for the establishment Repealed by of an Academy in Charlottetown." 23 Vic. c. 17. CAP. XV. An Act relating to treasury warrants. CAP. XVI, Continued by 13 Vic. c. 31. Expired. An Act to revive, continue, and add to the Act relating to the This Act and Charlottetown market house. This Act has been repealed by a law of the City Council of Charlottetown passed under the powers vested in said Corporation by the Act of 18 Vic., c. 34, s. 37. CAP. XVII. the Act of which it was an amendment (5 Vic. c. 14,) are further continued by 13 Vic. c. 1. See 26 G. 3, c. An Act to prevent the failure of justice, by reason of variances between records and the evidence produced in sup- 4, and 26 G. 3, port thereof, WHEREAS great expense is often incurred and delay or failure of justice takes place at trials, by reason of vari c. 7. |